“Henry is superb at technically detailed cases and those with complex jurisdictional issues. His knowledge and depth of understanding of international family law are immense, and he is a go-to silk on international cases. He is a great tactician. His style, intellect and persuasiveness always impress.”
Legal 500, 2024
Experience
Year of Call: 1979
Year of Silk: 2001
Appointments
Recorder
Deputy High Court Judge (Family Division)
Profile
Henry Setright KC was called to the English Bar in 1979 and was appointed Queen’s Counsel in 2001. He has for many years specialised in international children’s and family work at the highest level, including cases in the UK Supreme Court, the Court of Justice of the European Union, the European Court of Human Rights, the House of Lords, the Court of Appeal, and the High Court, and as lead English counsel in two cases on Amicus briefs in the United States Supreme Court.
He has (so far) appeared in more than 130 leading cases reported in the English Family Law Reports, a total not to date equalled by any other member of the Bar. His work to date has included (for example) consideration of issues relating to acquiescence, adoption, asylum, attempted assassination, care proceedings, children’s representation, children’s views, conflict and transfer of jurisdiction in public and private law cases, custody rights, diplomatic privilege, forced marriage, habitual residence, domestic violence, human rights, immigration, marriage, relocation, risk of harm, Sharia law, settlement, international and domestic surrogacy, and welfare in the context of international family litigation.
International work at the highest domestic level has since 2005 included 5 cases in the House of Lords and 8 cases in the UKSC, four of which – A v A [2013] UKSC 60, KL [2013] UKSC 75, LC [2014] UKSC 1, and K [2014] UKSC 29 – have been heard in the last 12 months.
In October 2009 he appeared in Re: I UKSC 10 [2010], on jurisdiction and the interface in a non EU (Anglo-Pakistan) case with the Brussels II revised regulation – it was the first Family case in the UK Supreme Court.
He led an English team presenting a brief in the landmark rights of custody appeal of Abbott v Abbott, the first 1980 Hague Convention case to be heard in the United States Supreme Court (judgment in USSC 17th May 2010), and in the subsequent Hague Settlement case of Lozano v Alvarez, also in the USSC, judgment 5th March 2014 .
He has also appeared in Hague Convention cases in the ECtHR, notably Ignaccola-Zenide v Romania, Carlsson v Switzerland, and, leading an English team, in the landmark Grand Chamber case of X v Latvia, judgment 26th November 2013.
He appeared in the first family case referred by the English Court of Appeal to the Court of Justice of the European Union (Mercredi v Chaffe Case C 497/10 PPU judgment 23rd December 2010) on habitual residence in children’s cases. He appeared in May 2014 in a second CJEU case referred by the English Court of Appeal, E v B, judgment currently awaited.
The 2014 Family Law Reports (as of early June 2014) feature nine of his recent cases.
Other cases include Chief Constable and Another v YK and others [2010] EWCA Fam 2438) in relation to disclosure and the conduct of forced marriage hearings, on marriage/immigration policy R (Bibi) v Secretary of State for the Home Department) [2011] UKSC 45 EWCA Civ 1482, and In addition to his court appearances, he lectures regularly in England and internationally at conferences and seminars. He is the author of numerous articles on international family law, and is co-author of International Parental Child Abduction (Jordans/Family Law).
He is one of the originators of, and sits on the steering group of, the Reunite/Nuffield Foundation pilot scheme for mediation in child abduction cases, and assisted in the drafting of the Forced Marriages Bill introduced by Lord Lester of Herne Hill in late 2006, and now passed into law.
Directories
“Henry is very persuasive in his advocacy with judges.”
“Henry is a walking encyclopaedia; he really knows his stuff and watching him in court is awe inspiring.”
Chambers and Partners, 2024
Henry is superb at technically detailed cases and those with complex jurisdictional issues. His knowledge and depth of understanding of international family law are immense, and he is a go-to silk on international cases. He is a great tactician. His style, intellect and persuasiveness always impress.’
Legal 500, 2024
“Henry Setright is clearly exceptionally bright and is very well respected by the senior judiciary.”
“No one knows international law like him – he’s the pre-eminent international silk by a mile. A tactical and legal genius, he’s careful and strategic in everything he does. ”
Chambers and Partners, 2023
Star Individual
‘Henry is an extremely skilled and highly regarded international children advocate. He always knows the best strategic route to take.’
Legal 500, 2023
Top Tier
Extraordinarily experienced children law specialist who is widely regarded as the ultimate expert on international children matters, particularly abduction. He is routinely seen in the Supreme Court, leading the most significant, law-changing cases. He is also well versed in matters concerning the overlap with immigration, human rights and Court of Protection issues.
Strengths: “A skilled, persuasive advocate and an amazing strategist who commands the court’s respect and attention.” “His knowledge of international children law is second to none, and he drives cases in a careful, thoughtful way. He has a kind manner, particularly with the most vulnerable of clients.” “An excellent advocate for the appellate courts.”
Chambers & Partners, 2022
Star Individual
‘An absolute Titan of the family Bar in the field of children work, particularly abduction matters. He is without question a first-class lawyer.’
Legal 500, 2022
Top Tier
Extraordinarily experienced children law specialist who is widely regarded as the ultimate expert on international children matters, particularly abduction. He is routinely in the Supreme Court, leading the most significant, law-changing cases. He is also well versed in matters concerning the overlap with immigration, human rights and Court of Protection issues.
Strengths: “An extremely interesting, intellectual character who is always keen to explore different ideas and novel arguments. His submissions are compelling.” “There is no one else you would want by your side in a complex Supreme Court case than Henry. He is a thoroughly knowledgeable and impressive advocate.”
Recent work: Handled a ground-breaking case of constitutional importance in the Supreme Court, which revised the approach to common law, Gillick competence, and consent. The case looked at children’s rights, especially the requirement for the authorisation of confinement/detention and the medical treatment of children.
Chambers & Partners, 2021
Star Individual
‘Makes even the most complicated of cases seem effortless. His knowledge of the law in encyclopaedic. Judges always look to him on the most complicated legal points.’
Legal 500, 2021
Top Tier
Extraordinarily experienced children law specialist who is widely regarded as the ultimate expert on international children matters, particularly abduction. He is routinely in the Supreme Court, leading the most significant, law-changing cases. He is also well versed in matters concerning the overlap with immigration, human rights and Court of Protection issues.
Strengths: “In terms of his mastery and understanding of the law in his particular field, he is just phenomenal.” “His knowledge of the law is outstanding and he thinks about the long-term effects of all his actions in a case.”
Chambers & Partners 2020
Star Individual
‘The most intelligent and tactical counsel ’
Legal 500, 2020
Top Tier
Extraordinarily experienced children law specialist who is widely regarded as the ultimate expert on international children matters, particularly abduction. He is routinely in the Supreme Court, leading the most significant, law-changing cases. He is also well versed in matters concerning the overlap with immigration, human rights and Court of Protection issues.
Strengths: “He’s the godfather of international children’s work. A solicitor once told me the most scared they’d ever be for a case was when they were against Henry Setright.” “Brilliant on his feet, and someone with an encyclopaedic knowledge of the law.”
Recent work: Acted in the widely reported case of Al-Jeffery v Al-Jeffery, appearing on behalf of a 21-year-old daughter held against her will in Saudi Arabia by her father.
Chambers & Partners 2019
Star Individual
‘Judges hang on his every word.’
Legal 500, 2019
Top Tier
Extraordinarily experienced children law specialist who is widely regarded as the ultimate expert on international children matters, particularly abduction. He is routinely in the Supreme Court, leading the most significant, law-changing cases. He is also well versed in matters concerning the overlap with immigration, human rights and Court of Protection issues.
Strengths: “He’s top-drawer. He is the man when it comes to anything with an international element, and isn’t just a supreme advocate, but a Supreme Court advocate. He is the top guy and the man to go to for an appeal.”
Recent work: Acted in Ciccone v Ritchie, acting on behalf of Guy Ritchie and Madonna’s son Rocco.
Chambers & Partners 2018
Star Individual
‘A tactical genius.’
Legal 500, 2017
Top Tier
Extraordinarily experienced children law specialist who is widely regarded as the ultimate expert on international children matters, particularly abduction. He is routinely in the Supreme Court, leading the most significant, law-changing cases.
Strengths: “The supreme master of all aspects of abduction law. He has unparalleled knowledge of the law, tactical supremacy and an advocacy style that none can match.”
Recent work: Achieved a successful application in a landmark 1980 Hague Convention/Article 8 human rights case run for an Argentine father against a Romanian wife.
Chambers & Partners 2017
Star Individual
“He knows his Hague Conventions the way others know the ABC.”
Legal 500, 2016
A name that immediately springs to mind when one talks of cross-border children cases. Peers respect him due to his utter command of the area.
Strengths: “He is a star. There it is. Full stop.” “For difficult international cases he is the top dog at the Bar.” “He’s really looked to by judges when they need an explanation of what’s going on. He’s an absolute repository of knowledge.”
Chambers & Partners 2016
Star Individual
Simply the best in international child abduction matters.
Legal 500, 2015
Top Tier
Revered for his talents in the field of abduction law. He is frequently involved in the most significant and ground-breaking children law cases at an international level.
Expertise: “Among the international children cases, he’s God basically. He is utterly pre-eminent in what he does.” “An absolute class above. His tactics are second to none.”
Recent work: Instructed in a landmark international case on the approach to the 1980 Hague Convention. The matter marked a major change in human rights law.
Chambers & Partners 2015
Star Individual
Henry Setright QC ‘Pre-eminent in the field of child abduction and international work.’
Legal 500, 2014
Top Tier
Henry Setright QC continues to be regarded by market sources as pre-eminent in international children matters, especially child abudction cases.
Expertise: “Superb and very good with clients.” “He is excellent in cases requiring technical aspects of the law.”
Recent work: Appeared in Qulia Bibi and Aguila v SSHD, a watershed case in the Supreme Court concerning forced marrigae and restrictions on marriage for under-21s. The case has been instrumental in changing English law, causing the abandonment of UK immigration policy regarding restrictions on entry for that class.
Chambers and Partners 2014
Star Individual
Henry Setright QC is ‘the best advocate around’.
Legal 500, 2013
Top Tier
Henry Setright QC is “undoubtedly amongst the best there is” on international children’s cases and child abduction, relates one admiring source. Recent cases have included Quila Bibi and Aguila v the Secretary of State for the Home Department in the Court of Appeal and the Supreme Court, a landmark case on forced marriages and restrictions on marriages for under-21s. His record in cases of such importance led one interviewee to remark that “he is a very long way ahead of the second best barrister in international children’s disputes.”
Chambers and Partners 2013
Star Individual
Henry Setright QC is ‘among the best practitioners in child abduction and other international cases’.
Legal 500, 2012
Top Tier
When it comes to cross-jurisdictional children disputes, Henry Setright QC “is amongst the best advocates in the market.” He was recently involved in Mercredi v Chaffe, the first family case referred by the English Court of Appeal to the Court of Justice of the European Union. Sources say that “he is tactically astute and has excellent cross-examination skills.
Chambers and Partners 2012
Star Performer
‘Devastating advocate’ Henry Setright QC is ‘unrivalled in this area’.
Legal 500, 2011
Top Tier
Henry Setright QC is a leading expert in cross-jurisdictional children disputes. He recently represented the interveners in Re I (A Child), the first family law case to be heard in the Supreme Court. According to sources, “he is an unbeatable cross-examiner with an encyclopaedic knowledge of international law.”
Chambers and Partners 2011
Star Performer
Recommended as a Leading Family Silk
Legal 500, 2010
“Setright is a distinguished figure in the field of international abduction”.
Chambers and Partners 2010
‘Henry Setright QC is the go-to man when it comes to international work’as ‘there isn’t anything he doesn’t know’, according to market sources. A ‘formidable advocate’, he is a ‘wonderful tactician with a sharp analytical mind’ who applies his skills to a high-profile practice focusing on international children and family work.
Chambers & Partners 2009
4 Paper Buildings recently welcomed international family law specialist Henry Setright QC.
Legal 500, 2009
A very impressive advocate at the peak of his powers… Henry Setright QC routinely argues several cases a year in the Court of Appeal and/or the House of Lords – most but not all of these relate to international child abduction or other cross-border child issues falling under Brussel II regulations. ‘Very notable in the area, and justifiably so’, he sets the tone for many of the juniors in the set.
Chambers and Partners 2008
Henry Setright QC is ‘your man in child abduction’ matters due to his ‘unrivalled knowledge of abduction law’. In addition to his sterling international children law practice, he has also ventured into the field of forced marriages.
Chambers and Partners 2007
Henry Setright QC has been in over 80 reported family cases (more than anyone else at the bar) and has ‘accumulated more knowledge and kudos than many could hope for in a lifetime.’ International child abduction is his strong suit in a practice that takes in children matters generally. He has further been a pioneer in the area of forced marriages.
Chambers and Partners 2006
Henry Setright QC is rated as a leading Silk by Chambers Directory. His particular bent is towards legal matters pertaining to child abduction, an area where few can effectively challenge him. ‘The most experienced and well-regarded international child abduction barrister – he is a wonderful tactician.
Chambers and Partners 2005